The People of the State of New York, respondent, v Tomaye Walters, appellant.
2017-11193 (Ind. No. 15-00388)
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
May 13, 2020
2020 NY Slip Op 02813
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
Howard Greenberg Law Firm, Brooklyn, NY (Jonathan Rosenberg of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered October 4, 2017, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
On appeal, the defendant contends that the County Court erred in denying his motion to withdraw his plea of guilty on the ground that it was not knowing, voluntary, and intelligent, and that his counsel‘s ineffective assistance affected the voluntariness of his plea. Since these issues would survive a
A motion to withdraw a plea of guilty rests within the sound discretion of the court, and generally the court‘s determination will not be disturbed absent an improvident exercise of discretion (see
The defendant‘s claim of ineffective assistance of counsel cannot be reviewed on direct appeal because it is based on matters outside the record on appeal (see People v Shabazz, 174 AD3d 824, 825; People v Stevens, 162 AD3d 1077, 1078). The appropriate vehicle for asserting a claim of ineffective assistance of counsel grounded in allegations referring to facts outside the record is a motion pursuant to
AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court